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Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....age of his deceased wife got a root of plant placed in her uterus by absconding convict Ful Banu. The evidence of P.W.5 shows that the deceased had consent in causing her miscarriage. The Court below wrongly convicted and sentenced the appellant under section 314 of Penal Code, who is entitled to ge......edical officer of the hospital, in writing informed the local police station about unnatural death of the deceased in the hospital, on the basis of which UD Case No.14 of 1997 dated 14‑8‑1997 was recorded and SI Mosharraf Hossain, attached to that police station going to the hospital made inques......py of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......ccumbed to the injuries. The prosecution was launched by lodging the FIR by P.W. 1, Khandokar Md. Kamal Hossain as informant on 19- 10-1991 at 23-15 hours with the Shibpur Police Station which was recorded as Shibpur Police Station Case No. 8 dated 19-10-1991. 3. During investigation on 3-...... copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......nd wife and they were passing their days as husband and wife. Hence this case. 3. After filing of the case, Magistrate, First Class, Nawabgonj, took cognisance of the case and it was recorded as CR case No.39 of 1993 under section 6(5)(b)of the Muslim Family Laws Ordinance,1961. ......ail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....not be claimed simultaneously but in the instant case the plaintiffs tried to do so. 21. In view of the discussions above, we are of the view that the court of appeal and the High Court Division wrongly relied upon the receipt Ext. 1, the agreement Ext. 2 and the kabala Ext. 3 as documents of t......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ...... allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......vocate for the petitioner could not point out any misreading of evidence or non-consideration of evidence or misconstruction of evidence to permit this revisional Court to disturb the finding of fact recorded by the final Court of fact. The submission of the learned Advocate for the petitioner that ......s client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......Nos.1‑4 contested the suit by filing a joint written statements alleging, inter alia, that the suit land being khal category land has been under the possession of local people and the same has been recorded as khas land under SA Khatian No.1 and the same not having been fit for cultivation, the se...... Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......been fit for cultivation, the settlement No.988(XIII) 70‑71 in favour of Mofizuddin in LA case was not legal and valid and the same was rightly cancelled and the land was rightly taken back in khas khatian of the government; that the plaintiff have no right, title and possession over the suit land..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......g in terrestrial system within the scope of the Technical Policy, 1998. It further permitted the JTV to broadcasting the programmes of all sorts of entertainment including news and current affairs in recorded video cassettes through satellite system subject only to certain conditions. (Emphasis supp...... been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......e a Judicial confessional statement under section 164 of the Code of Criminal Procedure (for short the Code) wherein he depicted himself as killer of Nilufar. Judicial confessional statement had been recorded by Md. Rafiqul Islam, Metropolitan Magistrate, Dhaka (D.W.1). 6. HR Khan, father of de......on with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......ted and the task of investigation was entrusted upon SI Arif Chowdhury who after getting the task of investigation visited the place of occurrence, prepared sketch map with separate index thereof and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Due to......two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....at the impugned registered trade mark be removed by way of rectification from the Register under the provisions of Section 46 of the Act, it being an entry made without sufficient cause and remaining wrongly on the Register. The Petitioner submits further that the registration of the trade mark &quo......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ...... duty officer filed the case and the officer‑in‑charge entrusted him as Investigating Officer of this case. Thereafter he visited the place of occurrence, prepared sketch map with separate index, recorded the evidence of the Witnesses under section 161 of the Code of Criminal Procedure and seize......maining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......ents in the crime is not disclosed in those materials. The name of the respondent Md. Abul Kalam alias Kalam was not mentioned in the F.I.R. or in the confessional statement or in the statements recorded under section 161 of the Code of Criminal Procedure. Respondent M.A. Rouf Alias Md. Ab...... aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....umption that the property is an abandoned property and vests in the Government and thus a legal duty is cast on the claimant of the property to rebut the said presumption, but the High Court Division wrongly shifted the onus on the Government in disregard of the provision in section 5(2) of the Aban......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ly, the appeal is allowed. There is no order as to costs. Ed. ......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ...... 20 industrial units. The petitioner No.1 company for the purpose of constructing the said unit of modern multi‑storied residential-cum-commercial complex purchased 2500 decimals of land in CS khatian Nos.221, 208, 422, 85, 62,101, 174, 210, 82 ka, 48‑52, 54, 165, 179 and CS plot No.1280‑..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......king the victim out on the pretext for going to private tutor deceitfully exported him to India. 3. During investigation, police visited the place of occurrence, prepared sketch map and index and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure, tried to r......ns 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....rmination) Rules, 1990; and that the seniority of the writ petitioner-respondents have been determined as per rule 4(2)(Gha) of the Service Counting of Determination of seniority Rules, 1990 who were wrongly given the benefit of their ad hoc services in the gradation list of 1990. The interpretation......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......is Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....nt is not a defaulter and the plaintiff is not entitled to get the relief as prayed for. The learned lawyer points out that the Court below did not apply its judicial mind in passing the Judgment and wrongly quoted the deposition of P.W.2. The learned lawyer submits that even if an important issue w......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......p;…..............Opposite Party Judgment May 4, 2005. Result: The Rule is made absolute. Under section 115(1) of the Code of Civil Procedure, the High Court Division, in exercise of its revisional jurisdiction, is competent to interfere with the Judgment of Court bel......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ion judiciously taking into consideration of the petition of complaint, enquiry report of the Magistrate 1st Class, statements of seven witnesses including the complainant, victim and other witnesses recorded by the Magistrate and other materials on record. For the aforesaid reasons, we find merit i......Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......2004 was started and task of the investigation was given to SI Monir Hossain who getting the task of investigation of the case visited the place of occurrence, prepared map in separate index thereof, recorded the statement of witness under section 161 of the Code of Criminal Procedure and being sati......ate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......ked him with investigation into it. He visited the place of occurrence and prepared a sketch map along with an index thereof. He tried to seize alamats. He examined the victim and other witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He also attempted to ......n the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
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